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KING v. DEUTSCHE DAMPFS-GES

Nos. 967, 1019, Dockets 75-7127, 75-7151.

523 F.2d 1042 (1975)

Jackson O. KING, Plaintiff-Appellee, v. DEUTSCHE DAMPFS-GES, Defendant and Third-Party Plaintiff-Appellee-Appellant, v. INTERNATIONAL TERMINAL OPERATING CO. INC., and Court Carpentry & Marine Contracting Company, Third-Party Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 8, 1975.

Attorney(s) appearing for the Case

Lester E. Fetell, Brooklyn, N. Y. (Solomon J. Cohen, New York City, Benjamin J. Sergi, and Sergi & Fetell, Brooklyn, N. Y., on the brief), for plaintiff-appellee Jackson O. King.

Thomas F. Molanphy, New York City (James M. Hazen, and Haight, Gardner, Poor & Havens, New York City, on the brief), for defendant and third-party plaintiff-appellee-appellant Deutsche Dampfs-Ges.

Douglas A. Boeckmann, New York City (Fogarty, McLaughlin & Semel, New York City, on the brief), for third-party defendant-appellant International Terminal Operating Co. Inc.

Albert V. Testa, New York City (Sidney A. Schwartz, Joseph Arthur Cohen, and Alexander, Ash, Schwartz & Cohen, New York City, on the brief), for third-party defendant-appellant Court Carpentry & Marine Contracting Co.

Before MULLIGAN, TIMBERS and GURFEIN, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from a judgment entered January 22, 1975 after a three day jury trial in the Southern District of New York, Constance Baker Motley, District Judge, awarding plaintiff marine carpenter $42,900 damages against the shipowner for injuries sustained while working aboard ship and awarding the shipowner full indemnification against both the stevedore and plaintiff's employer, the essential...

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